Former CVS employee accepts plea deal in theft of hydrocodone pills

Published: Wednesday, July 23, 2014 at 4:31 p.m.

Last Modified: Wednesday, July 23, 2014 at 4:31 p.m.

A former CVS pharmacy technician who admitted to stealing hundreds of hydrocodone pills from her Dunnellon workplace accepted a plea deal this week that calls for her to forfeit her professional license and pay restitution in lieu of incarceration.

In May, Dunnellon police arrested Nichole Bumgardner, 35, of Beverly Hills, on 32 counts of grand theft and 32 counts of grand theft of hydrocodone as the result of an investigation.

Bumgardner admitted taking about 1,600 pills from the store because, she said, she had become dependent on them since she had been prescribed the drug, according to police.

Bumgardner pleaded guilty this week to one felony theft charge. While adjudication was withheld in the case, Bumgardner will serve three years of probation, 50 hours of community service, must successfully complete a substance abuse evaluation and comply with any recommendations at her own expense, complete a substance abuse course, submit to random drug screens and is not allowed to consume or possess any illegal substances.

She is prohibited from visiting any CVS store.

She was awarded a 31-day credit for time served in jail pending resolution of the case.

While Bumgardner was originally arrested on 64 counts of theft, charging her twice for the same crime would have been double jeopardy. In the end, the state chose to prosecute Bumgardner on one count of grand theft/statutory property, which is permissible under Florida law, according to State Attorney’s Office division supervisor Peter Brigham.

Though Bumgardner admitted to the offense, no pills were ever recovered or discovered in her possession.

CVS also expressed its wish for Bumgardner not to be sentenced to prison, but instead to have her surrender her professional pharmacy technician license and pay $1,161.99 in restitution.

“It’s kind of a mixture between the victim’s wishes and what we could actually prove if we went to a jury trial,” said Brigham of the plea agreement.

<p>A former CVS pharmacy technician who admitted to stealing hundreds of hydrocodone pills from her Dunnellon workplace accepted a plea deal this week that calls for her to forfeit her professional license and pay restitution in lieu of incarceration.</p><p>In May, Dunnellon police arrested Nichole Bumgardner, 35, of Beverly Hills, on 32 counts of grand theft and 32 counts of grand theft of hydrocodone as the result of an investigation.</p><p>Bumgardner admitted taking about 1,600 pills from the store because, she said, she had become dependent on them since she had been prescribed the drug, according to police.</p><p>Bumgardner pleaded guilty this week to one felony theft charge. While adjudication was withheld in the case, Bumgardner will serve three years of probation, 50 hours of community service, must successfully complete a substance abuse evaluation and comply with any recommendations at her own expense, complete a substance abuse course, submit to random drug screens and is not allowed to consume or possess any illegal substances.</p><p>She is prohibited from visiting any CVS store.</p><p>She was awarded a 31-day credit for time served in jail pending resolution of the case.</p><p>While Bumgardner was originally arrested on 64 counts of theft, charging her twice for the same crime would have been double jeopardy. In the end, the state chose to prosecute Bumgardner on one count of grand theft/statutory property, which is permissible under Florida law, according to State Attorney's Office division supervisor Peter Brigham.</p><p>Though Bumgardner admitted to the offense, no pills were ever recovered or discovered in her possession.</p><p>CVS also expressed its wish for Bumgardner not to be sentenced to prison, but instead to have her surrender her professional pharmacy technician license and pay $1,161.99 in restitution.</p><p>“It's kind of a mixture between the victim's wishes and what we could actually prove if we went to a jury trial,” said Brigham of the plea agreement.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>